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Terms & Conditions

TERMS OF USE

THE FOLLOWING DESCRIBES THE TERMS ON WHICH GOHIMALAYAN.COM OFFERS YOU ACCESS TO OUR SERVICES.

Welcome to the user agreement (the "Agreement" or "User Agreement") with GoH Holidays (the “Firm”). This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of GOHIMALAYAN.COM (the “Site”).

Kindly do not use or access our services if you do not agree to be bound by the terms and conditions of this Agreement.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you use GOHIMALAYAN.COM.

The Firm may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall become effective on immediate basis after being posted on the Site. This Agreement may not be otherwise amended except in a writing signed by you and GOHIMALAYAN.COM. This Agreement is effective upon acceptance in registration for new registering users.

1. SITE AND ITS CONTENTS

1.1 You shall not distribute, exchange, modify, sell or transmit anything you copy from this Site, including but not limited to any text, images, audio and video, for any business, commercial or public purpose. You agree not to interrupt or attempt to interrupt the operation of this Site in any manner whatsoever.

1.2 Access to certain areas of the Site may only be available to registered members. To become a registered member, you may be required to answer certain questions or provide certain details. You represent and warrant that all information you supply to us, about yourself, and others, is true and accurate.

2. LINKS TO THIRD-PARTY WEBSITES

This Site may contain links to websites operated by parties other than the Firm. The Firm does not control such sites and is not responsible for their contents. The Firm's inclusion of hyperlinks to such sites does not imply any endorsement of the material on such sites or any association with their operators. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk.

3. OWNERSHIP

3.1 The material on this Site, including but not limited to audio, images, software, text, icons and such other material (the "Content"), are protected by copyright under international conventions and Indian copyright laws. You cannot use the Content for any purpose, except as specified herein. You agree to follow all instructions so provided on this Site limiting the way you may use the Content.

3.2 There are a number of proprietary logos, service marks and trademarks found on this Site whether owned/used by the Firm or any other third party. By displaying them on this Site, the Firm is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

4. GOHIMALAYAN RIGHTS

4.1 All communications or materials sent by you to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions etc. shall be treated as non-confidential by the Firm. You hereby relinquish and abandon any and all claims that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way the Firm uses such material.

4.2 Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by the Firm anywhere in the world, in any medium, forever.

5. TRANSMITTED MATERIAL

You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message is encrypted. The Firm does not have any obligation or liability in case of any misuse of such message or information.

6. DISCLAIMER

6.1 The material in this Site could include technical inaccuracies or typographical errors.

6.2 The Firm may make changes/modifications or improvements on the Site at any time.

6.3 The Firm disclaims all liability to you or to any other person for any loss, damage, cost or expense of any kind whatsoever and howsoever incurred due to a fare hike on bookings made through this Site.

6.4 The Firm does not warrant that the functions contained in this Site will be uninterrupted or error free, that defects will be corrected, or that this Site or the servers that make it available are free of viruses or other harmful components, but shall endeavour to ensure your fullest satisfaction. The Firm does not warrant or make any representations regarding the use of or the result of the use of the material on the Site in terms of their correctness, accuracy, reliability, or otherwise, insofar as such material is derived from other service providers such as airlines, hotel owners and tour operators.

6.5 You acknowledge that this Site is provided only on the basis set out in these terms. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the Internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site. The Firm does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.

6.6 You also acknowledge that through this Site, the Firm merely provides intermediary services in order to facilitate booking of hotels and tours services to you. The Firm is not the last-mile service provider to you and therefore, Firm shall not be or deemed to be responsible for any lack or deficiency of services provided by any person (airline, travel/tour operator, hotel, facility or similar agency) you shall engage or hire or appoint pursuant to or resulting from, the material available in this Site.

6.7 The Firm will not be liable to you or to any other person for any direct, indirect, incidental, punitive or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused from out of your usage of this Site.

6.8 If for any reason, the law does not permit exclusions of liability then, the liability of the Firm shall be limited to such amount paid by the user and retained by the Firm for the transaction in question.

7. GENERAL PROVISIONS

7.1 The Firm may add to, modify or remove any part of these Terms of Use at any time as it may deem fit, without notice. Any changes to these Terms of Use or any terms posted on this Site apply as soon as they are posted. By continuing to use this Site after any changes are posted, you are indicating your acceptance of those changes.

7.2 The Firm may add, change, discontinue, remove or suspend any other Content posted on this Site, including features and specifications of products described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.

7.3 The Firm reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of the Firm's systems as well as its clients and users interests are and remain, well-protected. Towards this end, the Firm may take various steps to verify and confirm the authenticity, enforceability and validity of orders placed by you.

7.4 If the Firm, in its sole and exclusive discretion, concludes that the said orders are not or do not reasonably appear to be, authentic, enforceable or valid, then the Firm may cancel the said orders at any time up to 06 hours before the scheduled time of departure of the relevant flight or 24 hours before the expected date of visit to any property booked through the Firm.

7.5 You may travel to certain destinations which involve greater risks than others, entirely at your own risk as to cost and consequences.

7.6 Firm requests you to consult your local authorities and evaluate travel prohibitions, warnings, announcements, and advisories issued by them before booking travel to certain international destinations.

7.7 By offering bookings for sale travel to particular destinations, the Firm does not represent or warrant that travel to such a point is advisable or without risk. The Firm does not accept liability for damages, losses, or delays that may result from improper documents for entry, exit, length of stay, or from travel to such destinations.

7.8 The Firm reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any material posted herein, in any respect. The Firm shall have no obligation to take the needs of any User into consideration in connection therewith.

7.9 The Firm reserves its right to deny in its sole discretion any user access to this Site or any portion hereof without notice.

7.10 No waiver by the Firm of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative.

8. PROMOTION CODES

8.1 GOHIMALAYAN.COM generates promotion codes from time to time which may be availed on the Site as a discount coupon. Users are advised that the promotional offer of using Promotion Codes for receiving discounts can be availed only if correct and full details (of the promotional code) are filled in at the time of making the booking. In case if the customer fails to enter the promo code before making the booking, the Firm shall not be liable to give any credit to the customer after the booking has been made.

8.2 Promotion Codes are Non-Transferable, cannot be sold or bartered, no cash value.

8.3 Offer may be revised or withdrawn any time without notice, even if other sites are displaying the coupons.

8.4 For all technical errors there is no recourse, you have the right to not make the purchase.

8.5 Considering there are multiple promotional offers running on the site, user can avail the benefit of only one offer at a time. No two promotional codes can be combined at the time of making a booking.

9. APPLICABLE LAW

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in New Delhi.

10. DISPUTE RESOLUTION

10.1 Any dispute, controversy or claim, under, arising out of or in connection with this Agreement (whether at law, equity or otherwise), including but not limited to any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in India, in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which rules are deemed to be incorporated by reference in this Clause.

10.2 The arbitral tribunal shall consist of three arbitrators. Each Party shall appoint one arbitrator each and the two arbitrators shall appoint the presiding arbitrator. The arbitration proceedings shall be conducted in Delhi and the language of the arbitration shall be English. Each Party shall have the right to have its legal advisers present throughout the arbitration.

10.3 Any judgment, decision, or award of the arbitration tribunal (the “Award”) shall be set forth in a reasoned award stating the basis for the Award. The Award will be enforceable through the courts of Delhi. The Parties agree that the Award shall be final, binding and conclusive upon each of them without appeal. Each Party shall bear the cost of preparing and presenting its case before the arbitral tribunal.

10.4 However, other costs of arbitration proceedings including fees and expenses of the arbitration tribunal shall be shared equally by the Parties unless the Award provides otherwise.

11. HOTEL TERMS

APART FROM THE GENERAL TERMS AND CONDITIONS, THE BELOW MENTIONED ARE THE SPECIFIC HOTEL TERMS

11.1 The primary guest must be at least 18 years old to be able to check into the hotel.

11.2 Usually check-in time is 12 pm and check-out time is 12 pm. Early check-in or late check-out is subject to availability and the hotel might charge you extra for it. However please note that the check-in time is subject to change as per hotel policy.

11.3 Your stay does not include additional personal expenses like telephone charges, meals that aren't part of your meal plan, any hotel services you use (like laundry and room service) or tips. The hotel will charge you directly for these when you're checking out.

11.4 It is mandatory for guests to present valid photo identification at the time of check-in. According to government regulations, a valid Photo ID has to be carried by every person above the age of 18 staying at the hotel. The identification proofs accepted are Drivers License, Voters Card, and Passport. Without valid ID the guest will not be allowed to check in. Note- PAN Cards will not be accepted as a valid ID card.

11.5 The hotel reserves the right of admission. Accommodation can be denied to guests posing as a 'couple' if suitable proof of identification is not presented at check-in. Firm will not be responsible for any check-in denied by the hotel due to the aforesaid reason.

11.7 Government has levied service tax on hotel room charges effective on stays from 1st May 2011. This tax may be required to be settled directly at the hotel.

12. CANCELLATION POLICY

12.1 GOHIMALAYAN.COM may levy its cancellation fee on users for cancelling hotel bookings made through this Site in addition to the cancellation charges levied by the hotel. Hotels being booked through this Site may have their own cancellation policy and may charge user accordingly.

12.2 Cancellations can be done online as well through our call-centre.

12.3 Only those cancellation requests which are made either online or on the phone to our customer support team shall be entertained. The Firm shall not be liable to entertain any cancellation requests made directly to the hotel without intimating the Firm and also through any other medium including, but not limited to, SMS or e-mail.

12.4 If you don't show up at the hotel, you'll still be charged the entire amount.

13. MODIFICATIONS & REFUNDS

13.1 GOHIMALYAN.COM does not support changes and modifications to online bookings once they're made. Kindly do not call the hotel directly for reservation changes or cancellations. The hotel's agents cannot make changes to or process refunds for these specially-negotiated rates.

13.2 We take at least 7 to 10 working days to process refunds for bookings cancelled online.

13.3 Your bank may debit its own separate charges from refunds made to your credit card or bank account.

13.4 If Cancellation is made under the time stipulated i.e. less than 24 hrs, the Firm will retain 1 night charges at the original un-discounted amount.

13.5 GOHIMALAYAN.COM reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the services.

13.6 GOHIMALAYAN.COM further reserves the right to alter any and all fees from time to time, without notice. The User shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the services.13.7 In case, there is a short charging by GOHIMALAYAN.COM for listing, services or transaction fee or any other fee or service because of any technical or other reason, it reserves the right to deduct/charge/claim the balance subsequent to the transaction at its own discretion.

13.8 In case of any reservation not getting confirmed for any reason whatsoever, we will process the refund and intimate you of the same. GOHIMALAYAN.COM is not under any obligation to make another booking in lieu of or to compensate/ replace the unconfirmed one. All subsequent further bookings will be treated as new transactions with no reference to the earlier unconfirmed reservation.

13.9 The User may request GOHIMALAYAN.COM for any refunds against the unutilized or 'no show' hotel booking for any reasons within 60 days from the date of departure for the air ticket and/or the date of check in for the hotel booking. Any applicable refunds may accordingly be processed as per the defined policies of hotels and GOHIMALAYAN.COM as the case may be.

13.10 No refund would be payable for any requests made after the expiry of 60 days as above and all unclaimed amounts for such unutilized or ‘no show’ hotel booking shall be deemed to have been forfeited.

14. ONUS OF THE USER

14.1 GOHIMALAYAN.COM is liable only for the transactions that are done by the User through GOHIMALAYAN.COM.

14.2 GOHIMALAYAN.COM will not be liable for screening, censoring or otherwise controlling transactions, including whether the transaction is legal and valid as per the laws of the land of the User.

14.3 The User warrants that they will abide by all such additional procedures and guidelines, as modified from time to time, in connection with the use of the services. The User further warrants that they will comply with all applicable laws and regulations regarding use of the services with respect to the jurisdiction concerned for each transaction.

14.4 The User represent and confirm that the User is of legal age to enter into a binding contract and is not a person barred from availing the Services under the laws of India or other applicable law.

15. ADVERTISERS ON GOHIMALAYAN.COM OR LINKED WEBSITES

15.1 GOHIMALAYAN.COM is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.

15.2 GOHIMALAYAN.COM does not endorse any advertiser on its web pages in any manner. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.

15.3 The linked sites are not under the control of GOHIMALAYAN.COM and GOHIMALAYAN.COM is not liable for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites.

15.4 GOHIMALAYAN.COM is providing these links to the Users only as a convenience and the inclusion of any link does not imply endorsement of the site by GOHIMALAYAN.COM.

16. INSURANCE

16.1 Unless explicitly provided by GOHIMALAYAN.COM in any specific service or deliverable, obtaining sufficient insurance coverage is the obligation of the user and GOHIMALAYAN.COM doesn't accept any claims arising out of such scenarios.

16.2 Insurance, if any provided as a part of the service/ product by GOHIMALAYAN.COM shall be as per the terms and conditions of the insuring Firm. The User shall contact the insurance Firm directly for any claims or disputes and GOHIMALAYAN.COM shall not provide any express or implied undertakings for acceptance of the claims by the insurance Firm.

17. FORCE MAJURE

17.1 The user agrees that there can be exceptional circumstances where the service operators like the hotels, tour operators or concerns may be unable to honour the confirmed bookings due to various reasons like climatic conditions, labour unrest, insolvency, business exigencies, government decisions, operational and technical issues, route etc.

17.2 If GOHIMALAYAN.COM is informed in advance of such situations where dishonour of bookings may happen, it will make its best efforts to provide similar alternative to its customers or refund the booking amount after reasonable service charges, if supported and refunded by that respective service operators. The user agrees that GOHIMALAYAN.COM being an agent for facilitating the booking services shall not be liable for any such circumstances and the customers have to contact that service provider directly for any further resolutions and refunds.

17.3 The User agrees that in situations due to any technical or other failure in GOHIMALAYAN.COM, services committed earlier may not be provided or may involve substantial modification. In such cases, GOHIMALAYAN.COM shall refund the entire amount received from the customer for availing such services minus the applicable cancellation, refund or other charges, which shall completely discharge any and all liabilities of GOHIMALAYAN.COM against such non-provision of services or deficiencies. Additional liabilities, if any, shall be borne by the User.

17.4 GOHIMALAYAN.COM shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its obligations due to any causes that are not due to its acts or omissions and are beyond its reasonable control, such as acts of God, fire, strikes, embargo, acts of government, acts of terrorism or other similar causes, problems at airlines, rails, buses, hotels or transporters end. In such event, the user affected will be promptly given notice as the situation permits.

17.5 Without prejudice to whatever is stated above, the maximum liability on part of GOHIMALAYAN.COM arising under any circumstances, in respect of any services offered on the site, shall be limited to the refund of total amount received from the customer for availing the services less any cancellation, refund or others charges, as may be applicable. In no case the liability shall include any loss, damage or additional expense whatsoever beyond the amount charged by GOHIMALAYAN.COM for its services.

17.6 Neither shall GOHIMALAYAN.COM be responsible for the delay or inability to use the GOHIMALAYAN.COM Site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the GOHIMALAYAN.COM, or otherwise arising out of the use of the GOHIMALAYAN.COM, whether based on contract, tort, negligence, strict liability or otherwise.

17.7 GOHIMALAYAN.COM is not responsible for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.

18. SAFETY OF DATA DOWNLOADED

18.1 The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the Site is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

18.2 Nevertheless, GOHIMALAYAN.COM will always make its best endeavours to ensure that the content on its Site or other information channels are free of any virus or such other malwares.

19. FEEDBACK FROM CUSTOMERS AND SOLICITATIONS

19.1 The User is aware that GOHIMALAYAN.COM provides various services like hotel bookings, car rentals, holidays and would like to learn about them, to enhance his / her travel experience. The User hereby specifically authorizes GOHIMALAYAN.COM to contact the User with offers on various services offered by it through direct mailers, e-mailers, telephone calls, short messaging services (SMS) or any other medium, from time to time.

19.2 In case that the customer chooses not to be contacted, he /she shall write to GOHIMALAYAN.COM for specific exclusion at admin(at)gohimalayan.com or provide his / her preferences to the respective service provider. The customers are advised to read and understand the privacy policy of GOHIMALAYAN.COM on its Site in accordance of which GOHIMALAYAN.COM contacts, solicits the user or shares the user's information.

20. PROPRIETARY RIGHTS

20.1 GOHIMALAYAN.COM may provide the User with contents such as sound, photographs, graphics, video or other material contained in sponsor advertisements or information. This material may be protected by copyrights, trademarks, or other intellectual property rights and laws.

20.2 The User may use this material only as expressly authorized by GOHIMALAYAN.COM and shall not copy, transmit or create derivative works of such material without express authorization.

20.3 The User acknowledges and agrees that he/she shall not upload post, reproduce, or distribute any content on or through the Site that is protected by copyright or other proprietary right of a third party, without obtaining the written permission of the owner of such right.

20.4 Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.

21. VISA OBLIGATIONS OF THE USER

GOHIMALAYAN.COM is not responsible for any issues, including inability to travel, arising out of such Visa requirements and is also not liable to refund for the untraveled bookings due to any such reason.

22.2 The User may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the GOHIMALAYAN.COM without the express written approval from GOHIMALAYAN.COM.

23. LIMITATIONS OF LIABILITY/DISCLAIMER

23.1 Information contained in the Site (including text, graphics, links or other material) are provided on an "as is," and "where available" basis.

23.2 GOHIMALYAN.COM makes no representation or warranty, express or implied, to you or another person or entity as to the accuracy, results, timeliness, completeness, merchantability, fitness for any particular purpose with respect to the Site or any related materials, products, services, or information.

23.3 Under no circumstances, including, but not limited to, negligence, shall we, and/or our providers or distributors, be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Site, or your downloading of any materials, data, text, images, video, audio, or other information from the Site.

23.4 In no event shall we, and/or our providers or distributors, be liable for any injury, loss, claim, damage, or any special, punitive, indirect, incidental, or consequential damages of any kind (including, but not limited to, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, that arise out of or are in any way connected with the use, or the inability to use, the Site or the services or materials on the Site, even if advised of the possibility of such damages.

23.5 In no event shall our aggregate liability, or that of our providers or distributors, exceed the total charges set forth in the itinerary giving rise to any such liability. Any claim or cause of action arising from, or relating to, your access and use of, or purchase of products and/or services from, the Site must be brought within one (1) year from the date on which such claim or action arose or accrued or purchase was completed. Your use of the Site shall be at your own risk. We are acting as an intermediary or as an agent for providers of travel-related products and/or services by promoting, selling or accepting reservations or bookings for such products and/or services (such as ground transportation, hotel accommodations, meals, tours, travel insurance, etc.).

24. INDEMNIFICATION

24.1 All Users agree to protect, indemnify, defend and hold harmless GOHIMALAYAN.COM, its affiliates, their websites and their respective lawful successors and assigns and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by:

24.1.1 you or on your behalf in excess of the liability described above; or

24.1.2 by third parties as a result of:

a. your breach of these Terms, notices or documents referenced on the Site;

b. your violation of any law or the rights of a third party; or

c. your use of the Site

25. RIGHT TO REFUSE

25.1 GOHIMALAYAN.COM at its sole discretion reserves the right to not to accept any customer order without assigning any reason thereof.

25.2 Any contract to provide any service by GOHIMALAYAN.COM is not complete until full money towards the service is received from the customer and accepted by GOHIMALAYAN.COM.

25.3 Without prejudice to the other remedies available to GOHIMALAYAN.COM under this agreement or under applicable law, GOHIMALAYAN.COM may limit the user's activity, or end the user's listing, warn other users of the user's actions, immediately temporarily/indefinitely suspend or terminate the user's registration, and/or refuse to provide the user with access to the Site if:

25.4 The user is in breach of this agreement, the terms of service and/or the documents it incorporates by reference;

25.5 GOHIMALAYAN.COM is unable to verify or authenticate any information provided by the user; or

25.6 GOHIMALAYAN.COM believes that the user's actions may infringe on any third party rights or breach any applicable law or otherwise result in any liability for the user, other users of GOHIMALAYAN.COM.

25.7 GOHIMALAYAN.COM may at any time in its sole discretion reinstate suspended users. Once the user have been indefinitely suspended the user shall not register or attempt to register with GOHIMALAYAN.COM or use the Site in any manner whatsoever until such time that the user is reinstated by GOHIMALAYAN.COM.

25.8 Notwithstanding the foregoing, if the user breaches this agreement, GOHIMALAYAN.COM reserves the right to recover any amounts due and owing by the user to GOHIMALAYAN.COM and/or the service provider and to take strict legal action as GOHIMALAYAN.COM deems necessary.

26. RIGHT TO CANCELLATION BY GOHIMALAYAN.COM IN CASE OF INVALID INFROMATION FROM USER

26.1 The User expressly undertakes to provide to GOHIMALAYAN.COM only correct and valid information while requesting for any services under this agreement, and not to make any misrepresentation of facts at all. Any default on part of the User would vitiate this agreement and shall disentitle the User from availing the services from GOHIMALAYAN.COM.

26.2 In case GOHIMALAYAN.COM discovers or has reasons to believe at any time during or after receiving a request for services from the User that the request for services is either unauthorized or the information provided by the User or any of them is not correct or that any fact has been misrepresented by him, GOHIMALAYAN.COM in its sole discretion shall have the unrestricted right to take any steps against the User(s), including cancellation of the bookings, etc. without any prior intimation to the User. In such an event, GOHIMALAYAN.COM shall not be responsible or liable for any loss or damage that may be caused to the User or any of them as a consequence of such cancellation of booking or services.

26.3 The User unequivocally indemnifies GOHIMALAYAN.COM of any such claim or liability and shall not hold GOHIMALAYAN.COM responsible for any loss or damage arising out of measures taken by GOHIMALAYAN.COM for safeguarding its own interest and that of its genuine customers. This would also include GOHIMALAYAN.COM denying/cancelling any bookings on account of suspected fraud transactions.

27. MODIFICATION OF THESE TERMS OF USE

GOHIMALAYAN.COM reserves the right to change the terms, conditions, and notices under which the GOHIMALAYAN.COM is offered, including but not limited to the charges. The User is responsible for regularly reviewing these terms and conditions.

28. REVIEWS, COMMENTS, PHOTOS AND OTHER SUBMISSIONS

28.1 We appreciate hearing from you. Please be aware that by submitting content to this Site by electronic mail, postings on this Site or otherwise, including any hotel reviews, photos, videos, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you grant GOHIMALAYAN.COM and the affiliated, co-branded and/or linked website partners through whom we provide service a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to

28.1.1 use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and

28.1.2 use the name that you submit in connection with such Submission.

28.2 You acknowledge that the GOHIMALAYAN.COM may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a hotel review that you submit) at our discretion, and that such submissions may be shared with our supplier partners. You further grant the GOHIMALAYAN.COM and its affiliates the right to pursue at law any person or entity that violates your or the GOHIMALAYAN.COM and its affiliates’' rights in the submissions by a breach of these Terms of Use. You acknowledge and agree that submissions are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your submissions and agree that you have no objection to the publication, use, modification, deletion or exploitation of your submissions by us, the GOHIMALAYAN.COM and its affiliates or any of our partners or licensees.

28.3 We take no responsibility and assume no liability for any submissions posted or submitted by you. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Site. If you do not agree to these Terms of Use, please do not provide us with any submissions.

28.4 You are fully liable for the content of your Submissions, (specifically including, but not limited to, reviews posted to this Site). You are prohibited from posting or transmitting to or from this Site:

28.4.1 any unlawful, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law;

28.4.2 any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and

28.4.3 any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party.

28.5 You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Site. You acknowledge that GOHIMALAYAN.COM may exercise its rights (e.g. use, publish, delete) to any content you submit without notice to you. If you submit more than one review for the same hotel, only your most recent submission is eligible for use.

29. CURRENCY CONVERTER

29.1 The following terms and conditions shall apply if a currency converter is available on the Site:

29.1.1 Currency rates are based on various publicly available sources and should be used as guidelines only.

29.1.2 Rates are not verified as accurate, and actual rates may vary.

29.1.3 Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated.

29.2 The information supplied by this application is believed to be accurate, but the GOHIMALAYAN.COM and its affiliates, and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates.

29.3 We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.

30. BANK AND CREDIT CARD FEES

Some banks and credit card companies impose fees for international transactions. Your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the billing summary page for a reservation booked on the Site. Booking international travel may be considered to be an international transaction by the bank or card Firm, since GOHIMALAYAN.COM may pass on your payment to an international travel supplier. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.

31. ELIGIBILITY

31.1 The Site, application and services are intended solely for persons who are 18 or older.

31.2 Any access to or use of the Site, application or services by anyone under 18 is expressly prohibited. By accessing or using the Site, application or services you represent and warrant that you are 18 or older.